Wisconsin: Approval of State Coal Combustion Residuals Permit Program
Key claim: EPA is proposing to let Wisconsin run most of its own coal-ash landfill and pond permitting in place of the federal program, and is taking public comments for 60 days.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Wisconsin Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Wisconsin Department of Natural Resources (WDNR), EPA has preliminarily determined that Wisconsin’s CCR permit program meets the standard for partial approval under RCRA. If approved, Wisconsin’s CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will hold an online public hearing on EPA’s preliminary approval of Wisconsin’s partial CCR permit program.
Why this matters
State assumption of coal-ash permitting shifts day-to-day oversight of landfills and surface impoundments from EPA to state regulators, which can affect permit timelines, enforcement style, and how closely permit conditions match federal minimums. Wisconsin joins a small but growing set of states pursuing this authority, so the proposal is a routine data point on how the CCR federal-state framework is being built out.